Epic Games vs. Apple battle could end in a jury trial

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iPhone with gavel.
The verdict may be in the hands of the people.
Photo: Tingey Injury Law Firm/Cult of Mac

The Apple vs. Epic Games antitrust lawsuit could come down to jurors to decide. According to a Monday report from Bloomberg, the federal judge overseeing the case has said that a jury trial could ultimately turn out to be the best way to resolve the case.

While U.S. District Judge Yvonne Gonzalez Rogers of Oakland, California has not yet ordered such a case, she indicated that it might be a scenario where jurors are the ones best equipped to decide an outcome.

The report continues that:

“Rogers also told the attorneys for Apple and Epic that an appeals court would be much more likely to overturn a verdict delivered by her, as opposed to one issued by a jury.”

Apple vs. Epic: The story so far

Apple and Epic have been going back and forth since August. The hostilities started when Epic gave users a way to buy in-app purchases for its hit game Fortnite via a direct-payment system. This cut Apple out of the arrangement, thereby depriving it of its regular 30% commission. Apple responded by booting Fortnite out of the App Store, while also getting rid of Epic’s developer account and all its other games. Epic, clearly knowing what was likely to happen, immediately responded with a lawsuit that accused Apple of being a monopoly.

Last month, the judge ruling in the Apple vs. Epic dispute refused to grant a short-term ruling that would return Fortnite to the App Store. The reason for this is that Epic inflicted the damage itself by breaking Apple’s rules. As a result, it cannot argue that it was harmed by Apple’s decision. Epic attorney Katherine Forrest said that, if the judge would not grant an injunction, Epic demands a trial as soon as possible.

Apple has suggested that Epic’s current predicament is akin to the company having “started a fire, and poured gasoline on it,” and now requesting help from the court to put it out. Apple also twisted the knife by claiming that Epic’s lawsuit is “part of a marketing campaign designed to reinvigorate” flagging interest in Fortnite.